Daily Yellowstone journal., 1887-05-01
SMITH IS NOT GUILTY
That is the Grateful Verdict
Found by a Jury of His
Peers.
DR.. w. A. Burleigh's Great
Plea and the Most Prominent
Points of the Argument.
District Court.
TWELFTH DAY.

"rtfet Nohfe
TWELFTH DAY.
In the case of the Territory Of Mon
tana against Albert Franklin Smith,
jury composed Of the following
named gentlemen was selected to try
the case: e. p. Slater, F. A. Lisk, /.
Silverman, Carl Wodzitski. II. w.
Mcintyre, Donald Mcmillan, Robert
Cross, w. II. Dexter. William Grimes,
+. c. Haynes, John Ross, 5. II. Nc
Gowan.
witnesses for the prosecution testi-
fed Il. follows: Milton Russell, the
first witness called, testified in brief in
the following language in substance:
l knew Al. Smith, last saw him
alive at the house Of Emma Rich
mond, In Miles City. on the Goth day
OF December, 1856; | next say him at
the same place; he was then dead
some eight hours had intervened: he
went there somewhere early in the
morning; think about | or 2 o'clock
the morning Of the 18th Of December
| was with him. also Emma Rich
moDd aud Frank Smith; they were
having good time; everything was
friendly; took Al Smith and put him
in Emma Richmond's room TO bed,
and he wanted to get out and kicked at
the door. and | went 10 and laid down
on tn. bed with him; this wa about
daylight; ! vent to sleep and this WAS
the last saw him until Frank came
into the room, about = o'clock In the
afternoon of the 18th: took the revol.
Yer from bm; he said Al was killed;
he was talking about the revolver; |
won't say whether he said the revol-
yer caused AIS death or whether he
did not; he was very much excited; we
then went into AIS room aud found
Al smith lying ou the bed dead; Clara
Chase aud Emms Richmond were
down by the side Of the beu; Frank
WAS looking on; Was very much ex.
cited; Emma Richmond was on the
fool crying; there was blood on the
Ted; no statements were made by any
of the parties there that heard; the
pistol | took from him was mine; il
Wa i5'calibre revolver: | sm posi-.
tive 1 had the revolver when | laid
down ON the bed; made M examina.
ton of the revolver; Al was pretty full
aud put him to bed so there would
be no trouble, rs he was little noisy;
the rest of the crowd were like any
other crowd out for good time; We
had been drinking, everybody could
walk, though; arrested Frank Smith;
Philip York helped me take him
down TO the Jail; he WAS taking on
terribly about AIS death; he made nC
resistance except throwing himself
around and not wanting to leave;
can't say how much whiskey wa
drank at the house; don't know any
thing about the shooting ut all; cam
say whether Frank did 1t or some
body else did IL; there WAS no feeling
OF ill.will between them; everything
was friendly, although we had beer
drinking considerable; Al had q few
words with Emma Richmond at Rec
Wards place; Frank was in no diff
Guilty there at all.
Clara Chase testified as follows
Reside in Miles City; the latter par
of December, 1856, | was at Emm,
Richmond's on the corner Of sixth
and Bridge streets; ! was slightly &C
quainted with AL Smith; / think
last saw him alive the day after Christ
mas; never saw him after that;
didn't see him dead; didn't 20 in tn
room after this trouble; when / las
saw him alive he was in my room II
bed with Emma Richmond and my
self; nobody was In bed with us unit
Emma Richmond broke in the door O
my room; Frank Smith came In will
her; the first time he came into tn
room / was there by myself he sal
nothing to me that i remember; th
second tsne he came into the room A
Smith, Emma Richmond and mysel
were there; he walked into the room
and struck me with gun; after b
struck me there WAS u shot, Al thre'
up bis arms and there was aDothe
shot, and Al cried out: Frank, yo'
have shot your own dear brother a
was lying on his left side, and | wa
on my left side; he had his arm throw'
over me; went into the next room
right after the shooting; 1 didn't sc
Frank after the shooting before he LEI
the house; don't know when th
shooting occurred; was drunk ut th
time; 1 don't know who did the shoot
ing; my back was turned toward tn
A = n